Deportation & Removal Defense Flashcards

To qualify for cancellation of removal as a non-lawful permanent resident, an applicant must demonstrate continuous physical presence in the U.S. for at least how many years?

Answer: 10 years

Under INA § 240A(b)(1)(A), a non-LPR must demonstrate 10 years of continuous physical presence in the U.S. to be eligible for cancellation of removal.

Which form of relief protects a noncitizen from removal based on a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion?

Answer: Asylum

Asylum under INA § 208 protects noncitizens who have suffered past persecution or have a well-founded fear of future persecution based on one of the five protected grounds.

Under the Convention Against Torture (CAT), what must an applicant demonstrate to receive protection from removal?

Answer: That it is more likely than not they would be tortured by or with the acquiescence of a government official

CAT protection requires showing it is more likely than not that the applicant would be subjected to torture by or with the consent or acquiescence of a public official in the country of removal.

A noncitizen seeking withholding of removal must show that their life or freedom would be threatened on account of which protected grounds?

Answer: Race, religion, nationality, membership in a particular social group, or political opinion

Withholding of removal under INA § 241(b)(3) requires showing a clear probability of persecution on account of the same five protected grounds as asylum.

Which of the following is NOT a statutory requirement for cancellation of removal for a lawful permanent resident under INA § 240A(a)?

Answer: Ten years of continuous physical presence in the U.S.

LPR cancellation requires 5 years as an LPR, 7 years of continuous residence, and no aggravated felony conviction — the 10-year continuous presence requirement applies to non-LPR cancellation, not LPR cancellation.

Under the Violence Against Women Act (VAWA), which noncitizen may self-petition for immigration relief independent of an abusive spouse's cooperation?

Answer: Battered spouses and children of U.S. citizens or lawful permanent residents

VAWA allows battered spouses and children of U.S. citizens or LPRs to self-petition for immigration benefits without the abuser's knowledge or cooperation.

What is the annual statutory cap on the number of U visas issued to noncitizen victims of qualifying crimes?

Answer: 10,000

INA § 214(p)(2)(A) caps U visa issuances at 10,000 per fiscal year; when the cap is reached, qualifying petitioners are placed on a waiting list.